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vjj30RGIA LOCAL ARCHIVES. 



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BY 



ULRICH B. PHILLIPS, Ph. D. 



Reprinted from the Annual Report of the American Historical Association 
for the year 1904, pages 555-596. 



WASHINGTON: 

GOVERNMENT PRINTING OFFICE. 

1905. 



GEORGIA LOCAL ARCHIVES. 



By Ulrich B. Phillips, Ph. D. 



1. The Archives of Oglethorpe County. 

The more important records of Oglethorpe county are, as 
usual in the Georgia counties, to be found in the offices of the 
county clerk and the ordinary. These offices are in the court- 
house in the town of Lexington, which has been the county 
seat since soon after the county was organized in 1794. Each 
of these offices is provided with a fireproof vault, in which 
the records are kept 

A. RECORDS IN THE OFFICE OF THE COUNTY CLERK. 

Minutes of the superior court, 1794 to the present. 

These records are in excellent condition, many volumes having 
been rebound. A large amount of court business is noticeable about 
the year 1809. This was due, perhaps, to the depression consequent 
upon the restriction of foreign exports. 

The following documents illustrate the character of court business 
in the early years. They are selected from the minutes of 1791, 
1795, and 1797— 

Lipham & Moore vs. Joseph Wilson. Case 1794. 

I do confess judgement of the some of eight pounds and ten pence 
half penny, with cost, with five months stay of execution, to be dis- 
charged on the payment of good proof peach brandy, delivered at 
the town of Washington, if paid by the time at 4s/S p per gallon. 

Joseph Wilson. 
Test. 

McMathews. 

We, the Grand Jury for the County of Oglethorpe, make the fol- 
lowing presentments : 

We present as a grievance, the neglect of commissioners in ascer- 
taining the center of the county and fixing on a place for the public 
buildings, and as roads, buildings, etc., appears properly to come 

555 



556 



AMERICAN HISTORICAL ASSOCIATION. 



before the Honorable the Inferior Court, and we know not how far 
they have taken up the business ; therefore we recommend to the 
next Inferior Court to be held for the county to take the business 
fully under their investigation, and appoint Commissioners for 
laying out and keeping in repair all necessary roads for the conven- 
ience of the county at large, as we conceive we cannot do anything 
in that business until the public buildings are fixed. 

We return our thanks to His Honor, the Judge, for his judicious 
charge to the Grand Jury and for his particular attention to the 
business of the county. 

Given under our hands and seals June Term, 1794. 



John Lumpkin, 
John Marks, 
Andrew Bell, 
Charles Hay, 
Rich Goolsby, 
John Garrett, 
Jeffrey Early, 
William Potts, 
Robert McCord, 



F. 



(L. 


s.) 


Joel Hurt, 


(L. S.) 


(L. 


s.) 


Jesse Clay, 


(L. S.) 


(L. 


s.) 


John Collier, 


(L. S.) 


(L. 


s.) 


Isaac Collter, 


(L. S.) 


(L. 


s.) 


John Shields, 


(L. S.) 


(L. 


S.) 


Pressley Thornton, 


(L- S.) 


(L- 


s.) 


Humphrey Edmonson, 


(L. S.) 


(L. 


s.) 


James Northengton, 


(L. S.) 


(L- 


s.) 







Saturday, 14th June, 179 If. 
The Court met according to adjournment. Present Judge Stith. 

The State vs. Charles Cavenat. Indicted for Negro Stealing. 

The prisoner being convicted on an indictment for negro steal- 
ing on motion of the Attorney-General, was brought to the bar, to 
receive sentence, and it was demanded of him, if he had ought to 
say why judgment of death should not be pronounced on him. and 
nothing being said to the contrary, it is ordered and adjudged by 
the court that the said Charles Cavenat be remanded into the 
custody and safe keeping of the Sheriff, and there to remain until the 
second day of July next and on the said second day of July next, be- 
tween the hours of eleven of the clock in the forenoon, and two of 
the clock in the afternoon of the same day, the said Charles Cave- 
nat shall be carried to the place of execution and then and there 
be hanged by the neck until he be dead. 



The State vs. Elijah Pope. Indictment Arson. 

The prisoner being convicted on an indictment for the crime of 
Arson, on motion of the Attorney-General, was brought to the bar 
to receive sentence, and it was demanded of him, if he had ought 
to say why judgment of death should not now be pronounced 



Gift 
1 uthor 
person) 

f2Aff f 05 



GEORGIA LOCAL ARCHIVES. 557 

against him, and nothing being said to the contrary, it is ordered 
and adjudged by the court that the said Elijah Pope, be remanded 
into the custody and safe keeping of the Sheriff, and there to 
remain until the second day of July next, and on the said 
second day of July next between the hours of eleven of the clock 
in the forenoon and two of the clock in the afternoon of the same 
day, the said Elijah Pope shall be carried to the place of execution 
and then and there to be hanged by the neck until he be dead. 



The State vs. William Fletcher, James Murphey, William Shrop- 
shire. Indictment for Deceit. 

The defendant being brought to the bar to be tried the following 
jury was sworn, to-wit: 

1 George Taylor, 7 James Thompson, 

2 Robert Galasby, 8 Isham Davis, 

3 Henry Potts, 9 Arch Pope, 

4 Thomas Loyd, 10 Thomas Swan, 

5 Hugh Roan, 11 John Hattaway, 

6 Jesse Starky, 12 William Biers. 

Who return the following verdict, 

" Shropshire acquitted, Fletcher aud Murphey guilty. 

" George Taylor, Foreman." 

Whereupon it is ordered and adjudged by the court that the said 
William Fletcher and James Murphey be remanded to the custody 
and safe keeping of the Sheriff and there to remain until Monday 
next, on which day between the hours of eleven of the clock in 
the forenoon and one of the clock in the afternoon, be the said Wil- 
liam Fletcher shall receive thirty-nine lashes on his bare back, at 
the public whipping post, and the said James Murphy, on the same 
day and between the same hours, shall receive twenty lashes on his 
bare back at the public whipping post that they pay the cost of 
prosecution and be discharged. 

The State vs. Thomas Hill. Indictment for retailing spiritous 
liquors without License. 

The said Thomas Hill being found guilty by the petit jury : 

It is adjudged by the court that the said Thomas Hill pay a fine 

of ten pounds, one half for the use of the county, and the other half 

to the use of Charles Laine, the Prosecutor. 



Gentlemen of the Grand Jury: 

It is with more than common pleasure that I have met you to 
hold a court in the county of Oglethorpe, a name deservedly re- 
spected in a State, which was settled by himself; and one which 



558 AMERICAN HISTORICAL ASSOCIATION. 

has proved equal to the passing through a revolution and becom- 
ing a member of a great and flourishing empire within the life of 
the first settler ; a progress so rapid and a prospect before us so ex- 
tensive and promising should operate upon the minds of all good 
men as a stimulus to effectuate exertions, to support good govern- 
ment by a prompt obedience to the laws and the discouragement of 
all practices subversive of order and the moral duties. 

To assist in doing these, the Constitution and the laws have solic- 
ited the grand inquest twice a year that breaches of the peace in 
every degree and which comprehend every infraction of the pub- 
lic laws may be presented and put in the way of trials and punish- 
ment In discharging your part of this duty, you will as your oath 
directs you divest yourselves as far as may be of the frailties of 
human nature, and act without favor, affection, or partiality 'on 
the one side, or of fear, hatred or malice on the other, and still 
more without any hope of reward from any quarters, whilst we 
ought not to spare our friend from attachment, we should detest 
oureelves to let the bad man escape through fear or any other con- 
sideration on this ground, I am thus emphatic because a criminal 
circulation of false papers of different descriptions, and the signs [ V 
of property in different ways is said to be prevelent, which operates, 
if true a breach of the laws an injury to the fair dealer and a disgrace 
to the States, should anything of this sort come to your knowledg?, 
I have no doubt you will present it, and should that be the case you 
may rely upon the strict execution of the law on the part of the 
court. 

George Walton. 

9th of June 1795. 

Presentment of Grand Jury [1791]. 

We the Grand Jury present the surveyors of the road leading 
from Phenizy's to Joseph Slatons. 

We the Grand Jury present the surveyors of the road leading 
from Cherokee Corner to this place. 

We the Grand Jury present Abner James James for retailing 
liquors without license and keeping a disorderly house. 

We the Grand Jury present as a grievance that we have not our 
court-house and gaol built. 

We the grand Jury present as a grievance that we have not a 
public bridge on the Dry Fork of Long creek where the road 
leading from this place crossing the Dry Fork at James Rutledge. 

We the Grand Jury present that the patroll law is not more 
strictly attended to. 

We the Grand Jury present as a grievance that we have not 
a public bridge on the Dry Fork of Long creek where the road 
crossing the creek leading from Allin's old Iron Works to Wash- 
ington. 



GEORGIA LOCAL ARCHIVES. 559 

We the grand jury present a list of defaulters delivered to us 
by the Treasurer of tax returns. 

We the Grand Jury return our grateful thanks to our last Legis- 
lature for their zeal and fidelity in favour of the inhabitants of 
this State in suppressing the iniquitious act passed at Augusta the 
seventeenth of January, One Thousand seven Hundred and Ninety 
Five, for disposing of our Western Territory. 

We the Grand Jury return our- Most grateful thanks to His 
Honor the Judge, for his Judicious charge given us and recommend 
it to be published in the State Gazette, together with these our pre- 
sentments. 

1 Joel Barnett, Foreman, 11 William Potts, 

2 Thomas Dunn, 12 William Bledjoe, 

3 McMilner, 13 Thomas Gilmeu, 

4 James Parks 14 J. I. Stewart. 

5 Richarge Hartsfield, 15 William Walker, 
G John Feming, 16 Thomas Loyd, 

7 William Pane, 17 Samuel Colquitt, 

8 William Strawther, 18 John Peacock, 

9 John Dunn, 19 John Smith. 
10 Charles Smith, 

Records of the superior court, in several series, 1809-1814 and 1821 to 

the present. 
Minutes of the inferior court, 1794-1866. 
Records of the inferior court. 
Minutes of the county court, 1866 to the present. 
Records of the county court. 
Dockets of the several courts, in various series and very numerous 

volumes. 
Minutes of the county commissioners of roads and revenues, circ, 

1880 to within recent years. 
Records of deeds, 1794 to the present. 
Tax digests, annually, 1794-1890. 

Bound recently into substantial volumes. 

The county of Oglethorpe, like that of Clarke, whose 
archives are treated in this report, and of Baldwin, treated in 
the report of last year, is located in the older part of the 
Georgia cotton belt. The lands in the Piedmont region east 
of the Oconee Kiver had received a considerable sprinkling 
of population before the invention of the cotton gin ; but the 
main development of the region was due to the growth of 
cotton production. The statistics contained in the above- 
mentioned tax digests may be used to demonstrate the char- 
acter of the growth of slaveholdings and the plantation sys- 
tem in the community. 



5G0 



AMERICAN HISTORICAL ASSOCIATION. 



The following tabulations will illustrate the history of 
accretions in plantation slaveholdings : 



119 owners 

73 owners 

23 owners 

32 owners 

23 owners 

20 owners 

11 owners 

9 owners . 

15 owners 

10 owners 10 

15 owners 11 

12 owners 12 

Total, 395 slaveholders owned 1,980 slaves 
The average slaveholding in 1794 was 5. 



SUMMARY FOR 1794. 

Slaves each. Slaves each. 

5 owners 13 

owners 14 

owners 15 

owners 16 

owners 17 

owner 18 

owners 19 

owners 20 

2 owners 22 

1 owner 24 

2 owners 25 

2 owners 26 



SUMMARY FOR 1800. 



Slaves each. 
1 



143 owners 

68 owners 2 

61 owners 3 

42 owners 4 

41 owners 5 

33 owners 6 

14 owners 7 

16 owners 8 

17 owners 9 

14 owners 10 

7 owners 11 

15 owners 12 

10 owners 13 

6 owners 14 

Total, 522 slaveholders owned 2,788 slaves. 
The average slaveholding in 1800 was 5.32. 



Slaves each. 

5 owners 15 

5 owners 16 

4 owners 17 

1 owner 18 

3 owners 19 

6 owners 20 

1 owner . 21 

2 owners 22 

1 owner 24 

2 owners 25 

1 owner 28 

3 owners 29 

1 owner 31 



GEORGIA LOCAL ARCHIVES. 



561 



SUMMARY FOR 1805. 



Slaves each. 
1 

9 



143 owners 

89 owners 

63 owners 3 

56 owners 4 

52 owners 5 

37 owners 6 

32 owners 7 

28 owners 8 

29 owners 9 

18 owners 10 

9 owners 11 

11 owners 12 

8 owners 13 

6 owners 14 

11 owners 15 

9 owners 16 

Total, 651 slaveholders owned 3,598 slaves. 

The average slaveholding in 1805 was 5.37. 



Slaves each. 

owners 17 

owner 18 

owners 19 

owner 20 

owners 21 

owner 22 

owners 23 

owners 24 

owners 25 

owners 26 

owners 28 

owner 30 

owner 32 

owner 40 

owner 76 



171 owners 

76 owners 

69 owners 

59 owners 

50 owners 

45 owners 

37 owners 

36 owners 

35 owners 

36 owners 10 

17 owners 11 

16 owners 12 

18 owners 13 

13 owners 14 

12 owners 15 

8 owners 16 

5 owners 17 

8 owners 18 

6 owners 19 

6 owners 20 

Total, 757 slaveholders owned 5,255 slaves. 
The average slaveholding in 1810 was 7.07 

H. Doc. 429, 58-3 36 



SUMMARY FOR 1810. 

Slaves each. ■ Slaves each. 

1 3 owners 21 

owner 22 



owners 23 

owners 24 

owners 25 

owners 26 

owner 27 

owners 29 

owners 30 

owner 31 

owner 32 



2 owners 



33 



1 owner 34 

1 owner 35 

1 owner 39 

2 owners 40 

1 owner 46 

1 owner 48 

2 owners 68 

1 owner 73 



562 



AMERICAN HISTORICAL ASSOCIATION. 





SUIVUYIAKI 

Slaves each. 


132 owners 


_ _ 1 


71 owners 


. _ _ _ - 2 


83 owners 


._ __ _ _ 3 


57 owners 


. _ __ _ 4 


39 owners 


5 


35 owners 


_ _ _ _ _ 6 


45 owners 


. _ _ _ _ 7 


32 owners 


. __ _ _ 8 


22 owners 


_ _ _ _ _ 9 


20 owners 


10 


25 owners 


_ _ __ _ 11 


21 owners 


. _ _ _ 12 


12 owners 


13 


11 owners 


. _ _ _ - 14 


18 owners 


_ _ - 15 


7 owners 


16 


11 owners 


17 


5 owners 


18 


8 owners 


._ _ _ 19 


7 owners 


.__ __ _ 20 


2 owners 


21 



FOR 1815. 

Slaves each. 

6 owners 22 

7 owners 23 

3 owners 24 

2 owners 25 

6 owners 26 

1 owner 27 

2 owners 28 

4 owners 29 

1 owner 31 

1 owner 33 

2 owners 36 

1 owner 38 

2 owners 41 

2 owners 42 

1 owner 45 

1 owner 52 

1 owner 58 

1 owner 61 

1 owner 75 

1 owner 77 



Total, 706 slaveholders owned 5,457 slaves. 
The average slaveholding in 1815 was 7.73. 



GEORGIA LOCAL ARCHIVES. 



563 



Slaves each. 

1 

9 



3 
4 
5 
6 

7 
8 
9 

10 



134 owners 

86 owners 

GO owners 

78 owners 

52 owners 

37 owners 

30 owners 

33 owners 

28 owners 

31 owners 

13 owners 11 

17 owners 12 

13 owners 13 

12 owners 14 

11 owners 15 

10 owners 1G 

10 owners 17 

7 owners 18 

6 owners 19 

4 owners 20 

16 owners 21 

9 owners 22 

5 owners 23 

5 owners 24 

Total, G30 slaveholders owned 6,444 slaves. 
The average slaveholding in 1820 was 10.23 



SUMMARY FOR 1820. 

Slaves each. 

4 owners 25 

5 owners 26 

2 owners 27 

3 owners 28 7 

2 owners 29 

3 owners 30 

6 owners 31 

2 owners 32 

4 owners 34 

1 owner 35 

2 owners 36 

2 owners 37 

3 owners 38 

1 owner 40 

owners 42 

owner 44 

owner 46 

owner 50 

owner 53 

owner 55 

owner 59 

owner 62 

owner 63 

owners 77 



564 



AMERICAN HISTORICAL ASSOCIATION. 



SUMMARY FOR 1835. 



Slaves each. 



92 owners 1 

82 owners 2 

39 owners 3 

54 owners 4 

44 owners 5 

30 owners 6 

29 owners 7 

20 owners 8 

20 owners 9 

25 owners 10 

19 owners 11 

26 owners 12 

16 owners 13 

17 owners 14 

9 owners 15 

9 owners 16 

8 owners 17 

5 owners 18 

7 owners 19 

6 owners 20 

10 owners 21 

4 owners 22 

3 owners 23 

9 owners 24 

7 owners 25 

3 owners 26 

3 owners 27 

Total : 658 slaveholders owned 6,689 slaves. 
The average slaveholding in 1835 was 10.17, 



Slaves each. 

3 owners 28 

2 owners 29 

4 owners 30 

5 owners 31 

1 owner 32 

1 owner 33 

2 owners 34 

9 owners 35 

3 owners 36 

owners 37 

owners 38 

owner 39 

owners 41 

owner 42 

owners 43 

owner 44 

owners 45 



2 
2 
1 
2 
1 
2 

1 
2 

1 owner 49 

3 owners 50 

2 owners 53 

1 owner- 54 

1 owner 55 

1 owner 57 

1 owner 58 

1 owner 71 

1 owner 73 

1 owner 80 



GEORGIA LOCAL ARCHIVES. 



565 



SUMMARY FOR 1850. 

Slaves each. Slaves each. 

1 1 owner 32 

4 owners 33 

3 owners 34 

1 owner 35 

3 owners 36 

3 owners 37 

1 owner 38 

2 owners 40 

1 owner 41 

2 owners 42 

owner 43 

owner 44 

owner 45 

owner 46 

owners 48 

owners 49 

owner 51 

owner 52 

owner 56 

owner 59 

owner 61 

2 owners 63 

1 owner 64 

2 owners 65 

1 owner 66 

1 owner 68 

2 owners 76 

1 owner 79 

1 owner 85 

1 owner 90 



88 owners 

60 owners 

35 owners 

30 owners 

32 owners 

26 owners 

22 owners 

21 owners 

22 owners 

25 owners 10 

21 owners 11 

19 owners 12 

11 owners 13 

9 owners 14 

12 owners 15 

13 owners 16 

10 owners 17 

5 owners 18 

6 owners 19 

12 owners 20 

2 owners 21 

11 owners 22 

6 owners 23 

9 owners 24 

6 owners 25 

8 owners 26 

4 owners 27 

5 owners 28 

4 owners 29 

5 owners 30 

2 owners 31 

Total : 5S7 slaveholders owned 7,111 slaves. 

The average slaveholding in 1850 was 12.11. 



566 



AMERICAN HISTORICAL ASSOCIATION. 



SUMMARY 

Slaves each. 

1 

2 

3 

4 

5 

6 

7 



77 owners 

53 owners 

35 owners 

36 owners 

32 owners 

22 owners 

18 owners 

22 owners 8 

21 owners 9 

12 owners 10 

19 owners 11 

14 owners 12 

8 owners 13 

8 owners 14 

15 owners 15 

11 owners 16 

5 owners 17 

9 owners 18 

11 owners 19 

10 owners 20 

9 owners 21 

2 owners 22 

10 owners 23 

4 owners 24 

8 owners 25 

5 owners 26 

5 owners 27 

3 owners 28 

4 owners 29 

5 owners 30 

Total : 549 slaveholders owned 6, 
The average slaveholding in 1860 



FOR I860. 

Slaves each. 

2 owners 31 

2 owners 32 

3 owners 33 

2 owners 34 

1 owner 35 

1 owner 36 

2 owners 37 

4 owners 38 

2 owners 40 

2 owners 42 

4 owners 43 

2 owners 44 

2 owners 45 

1 owner 47 

1 owner 49 

1 owner 50 

2 owners 52 

1 owner 60 

1 owner 61 

1 owner 63 

1 owner 65 

2 owners 71 

2 owners 76 

1 owner 78 

1 owner 80 

1 owner 81 

1 owner 92 

1 owner 96 

1 ownei\ 130 

589 slaves. 
was 12. 



GEORGIA LOCAL ARCHIVES. 567 

An inquiry into the statistics of population for this por- 
tion of the State as given in the United States censuses 
would show a fairly continuous increase in the proportion of 
negroes to whites in the population throughout the period of 
its development as a cotton-producing area. 

For the period since the abolition of slavery this county is 
notable for the degree to which the plantation system has 
been maintained in sj:>ite of the overthrow of the institution 
of slavery. The method of employing and holding negro 
labor under a system of apprenticeship is illustrated by the 
following indenture, copied as a t}'pical example of a very 
large number on file among the Oglethorpe County records : 
Geobgia, Oglethorpe County: 

This indenture, made this the 9th day of January, 1899, between 
Anderson Benson and James M. Smith, of said county, witnesses that 
the said Anderson Benson, in consideration of the promises and under- 
takings of the said James M. Smith hereafter set forth, does hereby 
bind himself to the said James M. Smith for the full term of five years 
from Jan. 9, 1899, and he hereby agrees and contracts with said James 
M. Smith to work faithfully under his direction, respect and obey all 
orders and commands of the said James M. Smith with reference to 
the business hereinafter set forth, at all times demean himself orderly 
and soberly ; and the said Anderson Benson further agrees to account 
to the said James M. Smith for all loss of time except in case of tem- 
porary sickness. If such sickness should be of longer duration at any 
one time than six days, then said loss time is to be accounted for at the 
same rate per day as he is then receiving pay under this contract. 
And should this contract be terminated by the death of either of the 
parties of this indenture, then the said compensation of the said An- 
derson Benson shall be pro rata for the time completed for the year 
in which the death may occur. And the said Jas. M. Smith, in consid- 
eration of the promises and undertakings of the said Anderson Benson, 
agrees and contracts with the said Anderson Benson to furnish him 
with board, lodging, everyday wearing apparel, and washing. He 
further agrees to pay said Anderson Benson annually, on the 9th day 
of January each year, the following sums of money, to wit : On the 9th 
January next, fifty dollars ; on 9th January, 1901, fifty dollars ; on 9th 
January, 1902, fifty dollars ; on 9th January, 1903, fifty dollars ; on 9th 
January, 1904, fifty dollars; and he further agrees to teach the said 
Anderson Benson the trade of husbandry in all its details. 

In witness whereof the said Anderson Benson and the said Jas. M. 
Smith have hereto respectively set their hands and seals the day and 
year first above written. 

Andebson (his x mark) Benson. 
James M. Smith. 

Executed in duplicate in the presence of — 
J. A. Moobe, 
J. D. Powee, J. P. 



568 AMERICAN HISTORICAL ASSOCIATION. 

Record of the land court of Oglethorpe County, 1794-1831. 

Record of head rights granted by the land court, 1794-1831. 

Lists of persons entitled to draw in the land lottery of 1832, and in 

other land lotteries, dates not given. 
Record of homesteads, circ, 1880 to the present. 
Record of public property. 
Register of physicians, recent years. 
List of judges, attorneys, etc., in the superior court of Oglethorpe 

County from 1794 to the present. 

This is a list compiled by someone in recent years from the 

records of the county. 
Original documents. 

The unbound original documents are tied in packages and stacked 
in open shelves in much disorder. 



Minutes of the court of ordinary, 1822 to the present. 

Minutes of the inferior court, 1850-18G8, and of the court of ordinary, 
1868-1888, when sitting in lunacy cases. 

Minutes of the commissioners of the poor school fund, 1842-1 8G4. 
Fragmentary. 

Dockets of the court of ordinary. Scattering. 

Record of wills, 1793 to the present. 

Record of marriage licenses, 1794 to the present. 

Record of marriage licenses for colored persons, 1871-1876. 

Returns of executors and administrators, inventories, appraisals, and 
sales of estates, 1816 to the present. 

Letters of guardianship, of administration, and testamentary. 

Record of exemptions from sale (i. e., on the ground of homestead 
privileges), 1846-1887. 

Record of homestead petitions, 1887 to the present. 

Record of widows' allowances, 1886 to the present. 

Record of licenses to retail spirituous liquors, 1869-1888. 

Record of estrays, 1830 to the present. 

Indentures of apprenticeship, 1866 to the present. 7 vols. 

Crop and rent contracts, 1889 to the present 

Ordinary's account book, 1862 to the present. 

Ordinary's ledger, 1852 to the present. 

Tax digests, 1890 to the present. 

Court contracts, 1890 to the present. 

Original documents. 

These papers are well classified, tied in packets, clearly labeled, 
and stacked upon open shelves in very good arrangement. The series 
appear to be fairly complete from 1794 to the present. They 
include original wills, returns on estates, marriage licenses (classi- 
fied by race) writs of habeas corpus, homestead, lunacy, petitions 
and orders, and official oaths and bonds. Many of these documents 
have been transcribed into the record volumes, but a considerable 
portion of them contain material which has apparently not been 
recorded elsewhere. 



GEORGIA LOCAL ARCHIVES. 569 

2. The Archives of Habersham County. 

Habersham County, located near the northeastern corner 
of the State, is one of the oldest of the counties of the moun- 
tain district of Georgia. The principal records of the county 
are preserved in the offices of the county clerk and the ordi- 
nary, or judge of probate, in a new court-house in the town 
of Clarkesville. Each of these offices has a fireproof vault 
in which its archives are kept. The record volumes are in 
fairly good order, but the original documents not in books 
are in extreme disorder, with very many of them probably 
lost. 



Minutes of the Habersham superior court, beginning with the first 
court held in and for the said county, at the August term, 1819 ( in 
accordance with an act of the Georgia general assembly, December 
19, 1818, sec. 13 of the act). 

Minutes, 1819-1828, 1832-1854, and 1858 to the present. 

Item, February term, 1822 (presentment of the grand jury) : 
" We present as a grievance of the most alarming nature to the 
free citizens of this State in general and to those who reside in 
frontier Counties in Particular the non existence of a statute pro- 
hibiting the admission of the natives of the different nations of 
Indians from Being Evidences in our Courts of Justice whare the 
free white citizens of the United States are concerned, and ear- 
nestly recommend to our Legislature at its next session the con- 
sideration of the same. * * *." 

Item, August term, 1823, and at other times : The grand jury 
frequently complained of the lack of a fixed seat for the public 
buildings and the county government. 

Item, February term, 1S24 : The grand jury recommends to the 
inferior court that for the current year the county tax rate be fixed 
at one-half the State tax rate, and that in addition one-eighth of the 
State tax rate be levied as a fund for the poor. The jury expresses 
regret that the books of the county clerk are not in a condition to 
show how much taxable property there is, and urges that the books 
be better kept. 

Civil and criminal cases, 1818-1822. 

Illustrative documents. 
[Record of civil cases, p. 61.1 
Georgia, Habersham County. 

To the honorable Superior Court to be held in and for said county. 
The petition of Daniel Parker humbly showeth that Nathaniel 
Harbin of said county hath damaged your petitioner to the amount 
of one hundred and ten dollars and fifty cents, for that whereas 



570 AMERICAN HISTORICAL ASSOCIATION. 

your petitioner on the first day of January eighteen hundred and 
twenty was possessed of the following goods and chattels, to-wit : 
One cow and calf of the value of fifteen dollars ; one trunk of the 
value of five dollars, one table of the value of two dollars, one wheel 
of the value of three dollars, one pair of cards of the value of one 
dollar, one oven of the value of three dollars, one bedstead of the 
value of two dollars, two chairs or" the value of one dollar, one look- 
ing glass of the value of three dollars, one stone jug of the value of 
two dollars, one teapot of the value of one dollar, one churn of the 
value of one dollar, three pitchers of the value of three dollars, one 
mug of the value of fifty cents, one bottle of the value of twenty five 
cents, one canister of the value of fifty cents, six earthen plates of 
the value of one dollar, one earthen dish of the value of one dollar, 
eight cups and saucers of the value of one dollar, one tin trunk of 
the value of one dollar and fifty cents, one comb case and two combs 
of the value of fifty cents, one dirt pot of the value of fifty cents, 
two coffee pots of the value of one dollar, two small bottles of the 
value of fifty cents, one tin bread basket of the value of fifty cents, 
two glass tumblers of the value of fifty cents, one decanter of the 
value of fifty cents, one salt seller of the value of fifty cents, six 
pewter plates of the value of three dollars, one pewter dish of the 
value of two dollars, six table spoons of the value of one dollar, 
one piggin of the value of one dollar, one smoothing iron of the 
value of one dollar, one black bottle of the value of twenty five 
cents and one feather bed of the value of fifty dollars, as of his own 
proper goods and chattels and being so thereof possessed he, your 
petitioner, afterwards (to-wit) on the same day and year aforesaid 
in the county aforesaid casually lost the aforesaid goods and chat- 
tels out of his hand and possession, which said goods and chattels 
afterwards (to-wit) on the day and year aforesaid came to the 
hands and possession of the said Nathaniel Harbin by finding, yet 
the said Nathaniel Harbin well knowing the said goods and chattels 
to be the property of your petitioner and of right to him did belong 
and appertain afterwards, to-wit, on the day and year aforesaid in 
the county aforesaid, to his own use did dispose of and convert 
altho the said Nathaniel Harbin, by your petitioner was afterwards 
requested to deliver the said goods and chattels to your petitioner, 
he, the said Nathaniel hath hitherto wholly refused and still doth 
refuse, whereby your petitioner has been injured and hath sustained 
damage to the amount of two hundred dollars, wherefore he brings 
this suit and prays process may issue requiring the said Nathaniel 
Harbin personally or by attorney to be and appear at the next 
Superior Court to be held in and for said county to answer your 
petitioner's complaint in an action of trover and conversion, &c. 

John W. Hooper, Plffs. Atty. 



GEORGIA LOCAL ARCHIVES. 571 

Georgia, Habersham County. 

To the Sheriff of said county, Greeting: 

Daniel Parker vs. Nathaniel Harbin. Trover and conversion. 

The defendant Nathaniel Harbin is hereby required, personally, 
or by attorney to be and appear at the next Superior Court to be 
held in and for said county on the Thursday after the third Monday 
in August, next, then and there to answer the plaintiff's demand 
in an action of Trover and conversion &c, to the damage of said 
plaintiff two hundred dollars: As in default of such appearance 
the court will proceed thereon as to justice shall appertain. Wit- 
ness the Honorable Augustin S. Clayton, one of the Judges of the 
Superior Courts of said State, this 31st, day of May, 1820. 

Miles Davis CVlc. 

Served the defendant Nathaniel Harbin by leaving a copy of the 
within at his most notorious place of residence, this 20th, day of 
June, 1820. 

J. Sutton, Dept. Sh'ff. 

Settled and costs paid. 

Recorded Sept. 23rd, 1820. 

M. Davis CVTc. 



No. 1 Habersham Superior Court, October Term, 1831. Harris, 
McLaughin & Co. vs. Stephen B. Peet & Co. Assumpsit. 

Sum sworn to $132.46 

2 



To the Sheriff take good bail in ,__ $264.92 

Trippe. 

To the Honorable the Superior Court of said county: 

The petition of Thomas W. Harris, Archibald McLaughin & 
Thomas Harris, miners and partners, mining & searching for gold 
under the name and style of Harris, McLaughin & Co., humbly 
shows that Stephen B. Peet, Isaac Spencer and Ebenezer Peet 
miners & partners, mining and searching for gold under the name 
& style and firm of S. B. Peet & Co. owe to your petitioners and 
unjustly detain the sum of one hundred & thirty two dollars & forty 
six cents. For that heretofore the said Stephen B. Peet, Isaac 
Spencer & Ebenezer Peet miners and copartners as aforesaid were 
indebted to your petitioners the aforesaid sum of money for meat, 
drink, washing & lodging & other necessaties by your petitioners 
before that time found and provided for them the said Stephen B. 
Isaac, & Ebenezer and found and provided also for their servants 
& for divers goods wares & merchandize before that time sold and 
delivered by your petitioners & all at the special instance & request 
of them the said Stephen B. Isaac & Ebenezer & being so indebted 
they the said Stephn B. Isaac & Ebenezer miners and partners as 



572 AMERICAN HISTORICAL ASSOCIATION. 

aforesaid in the county aforesaid undertook & then & there faith- 
fully promised to pay your petitioners the aforesaid sum of money 
whenever they the said Stephen B. Isaac & Ebenezer should be there- 
unto requested. Yet the said Stephen B. Isaac & Ebenezer although so 
indebted & often requested to pay, have not paid the same or any part 
thereof, but the same to pay have hitherto refused & still do refuse 
to the damage of your petitioners three hundred dollars. AYherefore 
they bring suit & pray process requiring the said Stephen B. Feet, 
Isaac Spencer & Ebenezer Peet personally of by Attorney to be and 
appear at the next Superior Court to be held in & for said County of 
Habersham then & there to answer your petitioners demand in an 
action of assumpsit. 

Turner H. Trtppe Atto. Pro. Plffs. 

Georgia, Habersliam County. 

Pesonally appeared before A. M. Norris, one of the Justices of the 
Peace in & for said county, Thomas Harris one of the firm of Harris, 
McLaughlin & Co., who being duly sworn deposes & says that 
Stephen B. Peet, Isaac Spencer and Ebenezer Peet, miners, mining 
and digging for gold under the name & style of S. B. Peet & Co are 
justly indebted to the first named firm one hundred & thirty two dol- 
lars & forty six cents and that deponent has just reasons to appre- 
hend the loss of said debt or some part thereof unless the defendants 
Stephen B. Peet, Isaac Spencee & Ebenezer Peet are held to bail. 

Thos. Harris 

Sworn to and subscribed before me, this eighteenth day of April, 
1831. 

A. M. Norris. J. P. 

Mr. S. B. Peet & Co. — In acct. Harris. McLaughlin & Co. 

28 Dec. 1830. To boarding 5 servants 2 days $2.00 

Uany. 1831 " Do 5 Do 287 Do 70. 

" Isaac Spencer 47 Do 12.50 

" S. B.Peet 61 " 14.00 

To. Eb. Do Jr. 52 " 12.50 

6 March "' " feeding S. B. Peefs horse 37-| 

6 " " " 7idwt. Gold 6.74 

" 4 phials quick silver 18 Oz. 5 dwt. neb. __ 9. 62^ 

" Half of $77. sold T. T. P 38.50 

$166.24 
Cr. 

18th Feby. by Thomas Harris $16. 

" Stephen McLaughlin 10.00 

" Borax 2.28 

" Rock 3.50 

" Wheelbarrow 1.50 

" barrel & sheet iron - .50 

$33.78 $33.78 

$132.46 



GEORGIA LOCAL ARCHIVES. 573 

Georgia, Habersham County. 

To the Sheriff of said County, Greeting: 

Harris, McLaughlin & Co. vs. Stephen B. Peet & Co. Assumpsit. 

The defendants are hereby required to be and appear personally 
or by attorney at the next Superior Court to be held in & for said 
county on the third Monday in October next, then & there to answer 
the plaintiff in an action of assumpsit as in default thereof the 
Court will proceed as to justice shall appertain. 

Witness the Honorable A. S. Clayton Judge of said Court, this 
23 day of April, 1831. 

John T. Carter, C. S. C. 

April 25th, 1331. Executed the within. 

A. Mauldin, D. Shff. 

Settled. 

Whereupon it is considered by the Court that plaintiffs do re- 
cover of defts. the sum of eleven dollars & fifty five cents for their 
cost in this suit expended, and the defts. in mercy &c. 

April Term, 1832. 

Turner II. Trippe Atto. pro plffs. 

Georgia, Habersham County. 

To all and singular the Sheriffs of said State, Greeting: 

We command you that of the goods and chattels, lands & tene- 
ments of Stephen B. Peet & Co. you cause to be made the sum 
of eleven dollars and fifty five cent for costs, which Harris, Mc- 
Laughlin & Co. lately in our Superior Court of said county re- 
covered against Stephen B. Peet & Co. for their cost and that you 
have the said sum of money before the Judge of our said court on 
the third Monday in October next to render to the said Harris, 
McLaughlin & Co., the cost aforesaid and have you then and there 
this writ. 

Witness the Honorable C. Dougherty, Judge of said Court, this 
22nd, day of May, 1832. 

J. T. Carter, C. S. C. 

Recorded 9th, August, 1832. 

J. T. Carter, C. S. C. 

Book of civil record, 182S-1874. 
Criminal cases, 1830-18G7. 

These series of volumes contain copies of the writs issued in the 
cases before the Habersham superior court. 
Records of deeds of conveyance, 1819 to the present. 

The numeration of the volumes is irregular, but the series is 
apparently complete. The deed records are indexed in two index 
volumes. 



574 AMERICAN HISTORICAL ASSOCIATION. 

Dockets — bench, bar, motion, subpoena, appeal, issue, attachment, exe- 
cution (some 30 volumes), criminal, dead criminal, equity, common 
law. 

These volumes are of scattering dates. There are also a number 
of scattering justice of the peace dockets preserved in this office. 
Record of receipts and expenditures by the clerks of the superior 
court, 1820-1857. 

Among the tines here recorded about 80 per cent of the total 
number appear to have been imposed for the offense of assault and 
battery. The fines for that offense ranged from $5 almost uniformly 
in 1820 to varied amounts of $1 to $25 in 1855. The following are 
illustrative items quoted from this record. 

$1.00 August Term, 1820. Received of John Heywood one dollar 
a fine inflicted on him by the court for the offense of Assault & Bat- 
tery. Miles Davis Cl'k S. C. 

$5.00 August Term 1820. The State vs. Bryant Ward Assault 
& Battery. Received of Bryant Ward five Dollars for a fine in the 
above case. Miles Davis Cl'k S. C. 

$5.00 August Term 3820. The State vs. Blair Powell Assault 
and Battery. Received of Blair Powell Five Dollars for a fine in- 
flicted on him by the Court in the last stated case. Miles Davis 
Cl'k S. C. 

$10.00 February Term 1821. Received of Thomas Powers, ten 
dollars for a fine inflicted on him by said court, for the open con- 
tempt of loud swearing in the presence & hearing of said court. 
Miles Davis Cl'k S. C. 

$14.62-1/2 August Term 1821. Retained in my hands pursuant 
to an order of this court of the money arising from the fines afore- 
said the sum of fourteen Dollars and sixty two and a half cents, 
which is in full satisfaction of said order which is dated February 
Term 1S20. Miles Davis Cl'k S. C. 

$5.00 August Term 1821. The State vs. David Densmore As- 
sault & Battery. Received of David Densmore five Dollars for a 
fine inflicted by the court in this case. Miles Davis Cl'k S. C. 

The State vs. John Warmack and others Gaming $1.00 Re- 
ceived of John Warmack one dollar for a fine in the above case. 
August Term, 1821. Miles Davis Cl'k S. C. 

$12.37-1/2 August Term 1821. Retained in my hands pursuant 
to an order of the fines aforesaid Twelve dollars and thirty seven 
and a half cents in part satisfaction of said order for cost, order 
dated August Term 1820. Miles Davis Cl'k S. C. 

$10.00 August Termi 1821. The State vs. Thomas Townsend, Jr. 
Assault & Battery. Verdict — Guilty, fined fifteen dollars. Re- 
ceived of Thomas Townsend Junior the sum of the sum of Ten 
Dollars in part for the fine in the above stated case. August Term 
1821. Miles Davis C. S. C. 

$10.00 August Term, 1821. Retained in my hands pursuant to 
an order of the Superior Court the sum of ten dollars of the money 
arising from fines inflicted by said court, order dated August 1820. 
Miles Davis Cl'k S. C. 



GEOEGIA LOCAL ARCHIVES. 575 

$5.00 February Term 1822. The State vs. Thomas Townsend, 
Jud. Assault and Battery. Received of Thomas Townsend Jun., 
five dollars the balance of a fine inflicted on him by the Court in 
this case. Feb. 25th, 1822. Miles Davis Cl'k S. C. 

$1.00 The State vs. Arthur Alexander and others. Gaming. 
Rec'd of Arthur Alexander one dollar a fine in the above case. 
February 25th, 1822. Miles Davis Cl'k S. C. 

$5.00 The State vs. James Powell Assault & Battery Re- 
ceived of James Powell the sum of five dollars for a fine in the 
above case. February 26th; 1822. Miles Davis Cl'k Supr Court. 

$2.00 The State vs. Lewis Arthur & Edward Horton. Affray. 
Received of Lewis Arthur two Dollars a fine in the above case. 
February 26th, 1822. Miles Davis Cl'k Supr Court. 

$33.00 February 26th, 1822. Retained in my hands pursuant 
to an order of the Superior Court the sum of thirteen dollars of 
money received by me for fines inflicted by said court. Feb. 
26th., 1822. Miles Davis Cl'k Supr. Court. 

$5. The State vs. Walter Adair Assault & Battery. Received 
of Wm. Hamilton the sum of five dollars for a fine in the above 
case. September 6th, 1822. John Starrett Cl'k S. C. 

The State vs. James Wofford Assault & Battery. Received of 
William B. Wofford the sum of five dollars for a fine inflicted in 
the above case, this 26 day of Feby. 1823. John Starrett, Cl'k Supr 
Court. 

$]7.00 February 26th, 1823. Retained in my hands pursuant to 
an order of the Superior Court of the County of Habersham the 
sum of fifteen dollars of money received by me for tines inflicted 
by said court, and paid the same over to the officers of said court 
for their cost in different cases. John Starrett, Cl'k Supr Court. 

The State vs. Wm. B. Wofford Assault & Battery. Received of 
W. B. Wofford five dollars a fine inflicted in the above case, this 
26 day of Feby. 1823. John Starrett Cl'k Sum* Court. 

$10.00 The State vs. Samuel Ward Larceny from the house, 
fined ten dollars. Received Ten Dollars the fine inflicted in the 
above case. This 26 day of August, 1824. John Starrett Cl'k. 

The State vs. Wm. Ritcher Adultery, found guilty and fined one 
hundred dollars. Received of William Ritcher one hundred dol- 
lars. Fine inflicted in the above stated case, this April 30th, 1827. 
John Starrett Cl'k. 

The State vs. Rebeckah Caudell Adultery Pled guilty, and fined 
one hundred dollars. Received of Wm. Ritcher one hundred dol- 
lars the fine inflicted by the Court in the above stated case. April, 
1827. John Starrett Cl'k. 

The State vs. Hardin Perkins Assault & Battery April Term 
1831. Arraigned & plead guilty fined 6i cents. T. H. Trippe Sol. 
Gen'l. Received the cost and fine $9.12£. T. H. Trippe Sol. Gen'l. 

Received of John Crow, a defaulting juror five dollars a fine 
imposed on him for contempt of Court at October Term of the 
Superior Court for the year 1S33. J. T. Carter, C. S. C. 



576 AMERICAN HISTORICAL ASSOCIATION. 

Received of Lawson B. Mainbright fifty dollars the amount of a 
fine imposed on him by the Court at the October Term, 1839, for 
selling spirits without a license. Rec'd 17th, October, 1839. J. T. 
Carter, C. S. C. 

The State vs. A. J. Nichols Keeping open tipling house on the 
Sabbath day. Plea guilty, April Term 1847. Fined $25.00 Re- 
ceived the above fine of Twenty-five Dollars. Philip Martin C. S. C. 
Paid by order of the Court to Sol. Gen'l. and Clerk, Sol. Gen'l 
receipt on Bil 1 %c. P. Martin C. S. C. 

The State vs. Loven J. Keel Furnishing Slave with Spirits. 
Plea guilty, April Term, 1847. Fined $10.00 The State vs. Loven 
J. Keel Keeping Open Tiphng house on the Sabbath day. Plea 
guilty, April Term, 1847. Fined $10.00 The two above fines of 
ten dollars each received of the defendant at Oct. Term, 1847. 
Philip Martin C. S. C. Paid by order of Court to Sol. Gen'l and 
Clerk, Sol. Gen'l. receipt on Bill &c. P. Martin C. S. C. 

The State vs. Andrew J. Church Furnishing a free person of 
color with splritous liquors for sale. Verdict guilty, October Term, 
1854. Fined $50.00 and paid by order of Court to Sol. Gen'l and 
Clerk on their insolvent list. 

The State vs. Darius Echols Adultery & Fornication, Verdict 
guilty April Term, 1856. Fined $50.00 and paid to Sol. Gen'l. and 
Clerk on their insolvent list. 

The State vs. Hannah Thomas Adultery & Fornication. Ver- 
dict guilty, April Term, 1850. Fined $10.00 and paid to Sol. Gen'l. 
and Clerk on their insolvent list. 

The State vs. Martin R. Thomas Adultery & Fornication. Ver- 
dict guilty, April Term, 185G. Fined $10.00 and paid to Sol. Gen'l. 
and Clerk on their insolvent list. 

The State vs. Robert F. Wright Riot. Verdict Guilty. April 
Term, 1857. Fined $90.00 and paid to Sol. Gen'l. and Clerk on their 
insolvent list. 
Minutes of the inferior court, 1820-1828, 1840-1842, and 1848-1866. 
Records of the inferior court, 1842-1866. 
Writ record of the inferior court, 1842-1848. 
Execution docket of the inferior court, 1828-1858. 
Minutes and records of the county court, ] 866-1899. 

The inferior court was replaced by the county court of Haber- 
sham County in 1866, which in turn gave place to the city court 
of Clarkesville in 1899. 

The following are illustrative items from the inferior court 
minutes : 

[Minutes of the inferior court, July term, 1820.] 
On motion it is ordered [by the court] that a male child named 
Tilman Thompson about 6 yrs old son of Sarah Thompson whose 
fatber is gone to parts unknown and deserted his family — be bound 
to Andrew G. Robertson on the said Robertson giving the usual 
obligation to bring up the said boy provide clothe and protect and 



GEOEGIA LOCAL ARCHIVES. 577 

govern him and to instruct him in reading writing and arithmetic 
the wit or mistery of farming until the said child is 20 years of age, 
and then give him two suits of clothes, a horse worth $50 and a 
good bridle and saddle. 

Signed by order of the Court this July 14th 1829. 

[Minutes of the inferior court, July term, 1864.] 
Georgia, Habersham County. 
To the Justices of the Inferior Court of said county 

The petition of John Sexton showeth that he is a free person of 
color of said county, but believing that people of his color are 
more happy, more sure of support and more especially believing 
that he can better secure his wife and children a competent main- 
tainance in a state of slavery, he is willing and hereby petitions 
said court to be allowed to sell himself into slavery, that he has 
contracted to that end with one Win. H. Fuller in whom he has 
confidence and to whom he has sold himself for the sum of five 
hundred dollars to be paid to the wife and children of your peti- 
tioner ; and your petitioner prays your Honors to ratify and con- 
firm said contract according to the statutes in such cases made 
and provided. 

July 11th, 1864. 

John (his x mark) Sexton 

Test: 

C. H. Sutton. 

Upon hearing the above and foregoing petition, and the said 
John Sexton being present and having been examined by the un- 
dersigned privately, and having expressed to us his free and full 
consent to become the slave of the said William H. Fuller upon 
the payment of the sum of five hundred dollars to the wife and 
children of the said John Sexton, and the said William H. Fuller 
being present and expressing his willingness to accept said slave 
and to pay the sum of five hundred dollars to the wife and chil- 
dren of the said John. It is therefore ordered that the said John 
Sexton be and he is hereby declared to be the slave of the said 
William H. Fuller, and the said William H. Fuller pay to the wife 
of the said John the sum of five hundred dollars, and that the 
said petition and this order be entered upon the Minutes of the 
County Court by the Clerk thereof upon the payment of his fees. 

July 11th, 1864. 

C. H. Sutton, J. I. C. 
Benjamtn Jones J. I. C. 
J. C. Grant, J. I. C. 

[Minutes of the Inferior court, September 26, 1864.] 

The within writ having been returned before us, this 26th day of 
September, 1864 and no cause being shown why the party should 
be discharged and no proof offered going to show that the party is 

H. Hoc. 429, 58-3 37 



578 AMERICAN HISTORICAL ASSOCIATION. 

not liable to military service in the army of the Confederate States 
as declared by the Act of Congress of February, 1864. It is there- 
fore ordered by the Court that the said Elijah Simpson be and he is 
hereby remanded to the custody of the Confederate States Enrolling 
Officer for the County of Habersham, and that he pay the costs of 
this writ. 

C. H. Sutton, J. I. G. 

Benjamin Jones, J. I. G. 

A. PorHAM, J. I. G. 

R. T. Harkins, J. I. G. 

The within case having been returned before us this 26th day of 
September, 1864 and no cause being shown why the party should be 
discharged and no proof offered going to show that the within 
named Lemuel Anderson is not liable to military service in the 
army of the Confederate States as declared by act of February, 
1864, Movant having declined to offer proof of his age. It is there- 
fore ordered by the Court that the said Lemuel Anderson be re- 
manded to the custody of the Confederate States Enrolling Officer 
for the County of Habersham and that he pay the cost of this writ 

C. H. Sutton, J. I. G. 

Benj. Jones, J. I. G. 

A. Pofham, J. I. G. 

R. T. Harkins, J. I. G. 

Record of oaths administered to county officials. 

Record of commissions issued to justices of the peace, commissioners 
of roads, and constables. 

Record of liquor-selling licenses. 

Record of warrants upon the country treasurer for the support of 
paupers. 

Record of exemptions from poll tax issued to men above 60 years 
of age. 

Record of bonds for the support of bastard children. 

These bonds were of the amount of £150, or $642. S5f, each. 

Record of certificates issued to shares in the land lottery. 

Land lottery lists. 

In 1803 the State of Georgia abandoned its policy of granting 
land by head rights, and thereafter from time to time, as the Indian 
title was extinguished, it distributed the public lands among the 
citizens of the State by lottery. These books in Habersham County 
contain lists of persons with statement of the number of lottery 
chances to which each is entitled. They comprise several thin vol- 
umes, some of which' are bound in Georgia newspapers of 1831. 

Land tax book. 

This book is without cover or title. Its entries are given under 
the following column headings : " Owner," " Polls," " Qualities " 
(acreage of first, second, third, and pine lands), " Granted (date)," 
" Adjoining waters," " County," " District," and " Tax." 

Clerk's fee book, writ book, etc. 



GEOKGIA LOCAL ARCHIVES. 579 

Mortgage record, 1889 to the present. 

Homestead record, 1889 to the present. 

Register of physicians, dentists, and druggists, 1880 to the present. 

Jail record, 1884 to the present. 

Account of fees, expenditures, etc. Record of the committing and 
discharge of each prisoner. Diet charged at 60 cents per day. 
Turnkey fee for committing, discharging, and sending to and receiv- 
ing from court, 60 cents each. Fee for conducting a prisoner before 
the court, $1.25. Pay of guards for the jail, $1.50 per night on duty. 

Record of slave trials, 1844-1848. 

Summary of contents. 
March 16, 1844. The State vs. Jim, Smart, and Brister, negro slaves. 
The crime of arson, committed in the village of Clarkesville on the 
twenty-fifth day of February, " in the night time of that day," by 
setting on fire and causing to be consumed the tavern house known 
as the Habersham Hotel. 

George D. Phillips accused these three negroes, the property of 
Joseph Habersham, before Loven J. Keel, justice of the peace. Keel 
issued a warrant, which was executed March 8 by the arrest of the 
three negroes. On March 20 three justices of the peace, William 
Dodd, Loven J. Keel, and William C. Alley, heard the testimony, 
committed the boy Jim to jail, and discharged Smart and Brister. 
The case against Jim was tried at a session of the inferior court of 
Habersham County, March 16, 1844. Verdict : " We, the jury, find 
the boy Jim not guilty. A. Popham, foreman." Recorded the 20th 
of March, 1844. L. B. Hambright, C. S. C. 



The State vs. Dave, the property of Francis Powell. Rape. 

The court met March 23, 1848, after being notified of the com- 
mitment to jail of " a negro man (slave) named Dave, the property 
of Francis Powell, charged with the offence, having been committed 
by the said man Dave, in the said county, on the body of Hester An 
Dobbs." 

Present : Their honors, James Crocker, James Griggs, and Thomas 
McRea, justices of the court, and proceeded to draw 36 names of 
persons to serve as jurors in the trial. The justices then ordered 
the sheriff to summon 24 of the persons drawn to appear at the 
court-house by 9 o'clock in the forenoon of March 30. The court 
then adjourned until that day. The court met on March 30, five 
justices and the jury present. The prisoner was arraigned and 
pleaded not guilty. After trial, the jury returned a verdict of guilty. 
The prisoner was sentenced to be remanded to jail until Friday, 
April 7; then to be taken by the sheriff to a gallows to be erected 
in the vicinity of Clarkesville, and hanged until dead. The court 
then adjourned. 

The records contain the full documentary history of the case — the 
warrant of the justices to the jailer, the notification of the first 



580 AMERICAN HISTORICAL ASSOCIATION. 

three justices of the peace to two others to sit in the trial with 
them, and minutes of the testimony — to the following effect: 

The prisoner, not being sworn, said he was not guilty. Hester 
An Dobbs, a witness for the State, being sworn, said she was going 
along the road in the woods, March 18, 1848, about 1 mile from 
Francis Powell's, three-fourths of a mile from any house, when she 
saw the negro naked, and, being frightened, ran about 200 yards 
along the path. The prisoner was 30 or 40 yards away when the 
witness began to run. The prisoner overtook the witness and 
caught hold of her. He had a stick in his hand, but did not strike 
her. He threw her upon the ground, and, in spite of her resistance, 
ravished her. The witness was then cross-examined. Next Wil- 
liam P. Nichols, sworn, testified that when the prisoner came before 
the magistrates he confessed having done the act. Charles Gosnel, 
sworn, testified that he had seen the ground and evidences that a 
scuffle had taken place, and that barefoot tracks were upon the 
ground thereabout. The documents state that Hester An Dobbs 
was " a free white female in the peace of God and State of Georgia." 
The crime was committed in Deep Creek district, Habersham 
County. The record is concluded with the verdict of the jury, the 
sentence of the court, and certificate of execution by the sheriff. 
" Recorded the 25th of April, 1848. Jas. E. Griggs, C. I. C," 

The State vs. Joel Fouche. Burglary. 

July 10, 1848, the court met after notification that Joel Fouche, 
a free person of color, had been charged with burglary and com- 
mitted to jail. Jurors were drawn for the trial to be held on 
July 19. 

July 19 the court met. Plea of not guilty. Verdict of guilty. 
Sentence, whipping this day by the sheriff at some public place 
with a cowskin whip on the bare back, 39 lashes well laid on. The 
prisoner is then to be discharged, but must pay the costs of the 
prosecution. 

Full documentary record of the trial is given. The crime was 
committed at Mount Yonah, by breaking into a house used as a 
dwelling and tailor workshop. Six yards of alpaca, 1 plain vest 
pattern, 7 yards of brown jeans, 4| yards of black Kentucky jeans, 
and trimmings for the same to the value of $18 were stolen. These 
goods were the property of John Davidson. Among the documents 
Is the following: 

" State of Georgia, Habersham County. 

" To all and singular the sheriffs of said State, Greeting: 

" We command you that the goods and chattels, lands and tene- 
ments of Joel Fouch, a free person of color, in the hands of or 
which may hereafter come into the hands of his present (or any 
future) guardian, you cause to be made the sum of twenty-nine dol 
lars & thirty-seven and a half cents, which lately, on the 19th day of 
July, 1848, in our inferior court of the said county on the trial of 



GEORGIA LOCAL ARCHIVES. 581 

the said free person of color charged with a capital offence, was 
awarded and recovered against the said Joel Fouch in favor of 
the officers of said court, who committed him to jail for costs in 
that snit in said prosecution expended, whereof the said Joel Fouch 
is convicted and liable as to us appears of record, and that you have 
the said sum of money before the judges of said court on the second 
Monday in January next to render the said officers of said court the 
cost aforesaid, and have you then and there this writ. 

" Witness the Honoral "e James Crocker, one of the judges of said 
court, this 26th day of July, 1848. 

"Jas. E. Griggs, C. I. C" 

" Habersham inferior court. January term, 1849. Officers of the 
Court vs. Joel Fouch, a free person of color. Fi fa for cost. 

" Judgment 19th July, 1S4S. 

Clerk's fee $6. 87-J 

Sheriff's fee $7.75 

Justice p. and constable fee $10.40 

Jailer's fee $3. 62£ 

Fi fa $0. 62£ 

$29. 37£ 

At; the end of this record (p. 33) is the following: 

" The law for the trial of slaves and free persons of color for 
capital offences before the inferior court having been repealed, this 
book is now set apart for recording the trial of lunatics, epileptics, 
and idiots." 
Original documents, unbound. Deeds, bills of sale, wills, inventories, 
mortgages, etc. 

These documents are scattered in utter disarrangement in open 
pigeonholes and packing cases. There is a good set of dust-proof 
filing cases in the vault, but very few documents have been arranged 
therein. 
Private records. 

The county clerk's office contains a miscellaneous lot of account 
books of merchants of the county, cash books, day books, journals, 
and ledgers. Most of these books do not give the name of the mer- 
chant who kept them. The entries are, generally, of very small 
sums. The books as a rule were kept in slovenly fashion. 



Minutes of the court of ordinary, 1824 to the present. 

Minutes of the county commissioners of roads and revenues, 1S72- 

1877. (The more recent records of this board are probably pre- 
served in its own office. ) 
Official bonds, vouchers, etc. 
Marriage licenses, 1820 to the present. 
Letters of administration and execution, guardians' letters, returns 

of inventory and appraisement sales, receipts for legacies, etc. 



582 AMERICAN HISTORICAL ASSOCIATION. 

Registry of free persons of color, 1856-1862. 

Gives name, age, complexion, occupation, and name of guardian. 

Estray register, 1828 to the present. 

Tax digests, 1878, etc. 

Lists of insolvent taxpayers, 1889-1896. 

County treasurer's book, 1828 to the present. 

Account book of the treasurer of the inferior court, 1836-1864. 

Inferior court, record of bonds, writs, etc., 1823-1339. 

Lunacy record, petitions for homestead, schedule of homestead prop- 
erty, etc., for recent years. 

Docket of the ordinary's court, motion docket, etc. 

Original documents. 

Only a few of these have been preserved, and none except of 
very recent years are classified. 

Private records. 

Book of law and minutes, and treasurer's record of the Tallulah 
Lodge of Masons, 1870-1S74. 

3. The Archives or Clarke County. 

The court-house of Clarke County was first located at 
Watkinsville, but is now in the town of x\thens. The more 
important records of the county are preserved in the offices of 
the county clerk and the ordinary, each of which is provided 
with a fireproof vault. The court-house of the county was 
at one time burned, and many of the volumes in the clerk's 
office have had their bindings scorched, but no important 
documents appear to have been destroyed. In each of these 
offices the volumes of record are arranged in excellent order 
and show evidences of much care in their keeping. 



Minutes of the superior court, 1802 to the present. 

Minutes of the inferior court, 1803-1866. 

Minutes of the county court, 1866-1SS0. 

Minutes of the city court of Clarke County, later the city court of 

Athens, 1880 to the present. 
Dockets of various sorts, and records of writs of these several courts, 

in apparently complete series. 
Record of deeds to land, 1802 to the present. 
Record of bills of sale, mortgages, etc., 1807-1814, 1820-1S36, 1S29 to 

the present. 
Record of marks and brands, 1802-1869. 

Most of the entries were made prior to 1820 
Record ot estray s, 1817-1848. 
Clerk's account books, various dates. 



GEORGIA LOCAL ARCHIVES. 583 

Recognizance book, 1817-1845. (Book of bonds of persons indicted 
for crime, giving security for appearance for trial.) 

Lists of insolvent persons convicted by the courts and unable to pay 
the costs of trial. 

Register of free persons of color, 1847-1862. 

Homestead records, 1869 to the present. 

Register of posted lands, 1903 to the present. 

Register of notaries public and justices of the peace, Clarke County, 
1903 to the present. 

Criminal evidence in the justice court, Two hundred and sixteenth 
district, Georgia Militia, 1882-1S85. 

Justice court dockets, various districts and dates. 

Original documents. 

The original writs, fifas, orders, etc., are in good preservation, and 
mostly well arranged in metal dust-proof filing cases. 

Private records, ledgers, journals, and other records of the Exchange 
Bank of Athens, which was bankrupted in 1898. 

Record book of the Clarke County State Rights Association, 1833-1840. 
This society was organized as an auxiliary to the State Rights As- 
sociation of Georgia, formed at Milledgeville, November 13, 1833. 
The first meeting of the society of Clarke County was held February 
4, 1834, but adjourned to March 11. The meeting then resolved that 
there was an impending danger of despotism by the United States 
Government, and resolved to organize an association to protect the 
rights of the States. A constitution was thereupon adopted. The 
volume contains the minutes of meetings held at intervals of several 
months. Formal addresses were made by selected orators, e. g., 
Judge A. S. Clayton, and candidates were nominated by ballot for 
. the State legislature, and delegates were elected to the State conven- 
tions of the State Rights party. The meetings were held in the 
county court-house, which was then located at Watkinsville. The 
last meeting recorded was held May 5, 1840. 

Other private records of a miscellaneous character are contained 
in an old trunk in the vault of the clerk's office. 

Newspaper files. 

The clerk's office contains bound volumes of the Southern Ban- 
ner, the Southern Watchman, and the Athens Banner in a continu- 
ous file from 1852 to the present. 



Minutes of the court of ordinary, 1802 to the present. 
Ordinary's account book, 1860-1864. 
Orders of the couri of ordinary. 

Some of the functions of the ordinary have been transferred to 
the county commissioners of roads and revenues, and that board 
possesses the records for recent years in its province. 
Order book of the inferior court, from about 1855 to 1866. 

Deals with roads, bridges, etc., the indigent soldiers' fund, etc. 



584 AMERICAN HISTORICAL ASSOCIATION. 

Bonds of administrators and executors, letters testamentary, letters 
of administration, and of guardianship. (Some early volumes 
appear to be missing.) 

Returns of executors, administrators, and guardians, 1799 to the 
present. 

Tax digests, year by year, 1802 to the present, with a few volumes 
missing. 

Wills, 1802 to the present. 

Record of apprenticeship indentures, 1837-1885 and 1901 to the 
present. 

Bastard children account book, 1874r-1881. 

Contains only a few items, all concerning negro or mulatto chil- 
dren. 

Record of estrays,' 1847-1889. 

Estray account book. Record of sales of estrays, 1848-1858. 

Minutes of the commissioners of the poor school fund, 1831-1840. 

Minutes of the county board of education, 1864-1870. 

Chain-gang record, 1883-1886. 

Record of the Clarke County convicts, 1876-1894. 

Record of paupers, 1879-1886. 

Liquor dealers' bonds, 1855-1867. 

Minutes of the board appointed to superintend the erection of a court- 
house and jail, 1875-76. 

Record of property in the court-house, the poor farm, etc, 1884-1887. 

Original documents. 

The original wills are arranged alphabetically. Other original 
documents in large numbers fill a set of wooden pigeonholes, but 
are in no order of arrangement. There are several trunks and 
cases of private papers in the ordinary's vault, and a packing case 
full of unbound newspapers, pamphlets, and manuscripts, among 
which, for example, is a report of a committee to examine the regi- 
mental fund in 1823 and a list of persons liable to drill duty, with 
fines collected and uncollected. 

Private papers. Minutes and account book of the Clarke County 
Agricultural Society, 1859-1873. (No activities between 1861 and 
1866.) 

Life membership fees, $20. The society held annual fairs. The 
premium list in 1860 amounted to $1,000. 

Account book of Mitchell's ferry, 1881. 

[Augusta, Chronicle, Men 13, 1819.] 

Georgia, Richmond County, 
Clerh's Office Inferior Court, 2nd March, 1819. 
I certify that the following is a correct list of the names of persons of 
color registered in this office, in conformity to the act of the 19th December, 
1818 supplementary to, and more effectually to enforce an act prescribing the 
mode of manumitting slaves in this state, etc. and all persons concerned or 
interested will take notice that certificates will issue to them on or before 
the first Monday in May next, if objections are not filed thereto, on or be- 
fore the second Monday in April next, viz. 



GEORGIA LOCAL ARCHIVES. 



585 



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AMERICAN HISTORICAL ASSOCIATION. 



[Augusta Chron. April 30, 1820] 

A list of free persons of color who have registered their names in Clerk 
of the Inferior Court's office, Burke County, Georgia 2Sth February 
to 6th March 1820. 



Name 


Age 


Where born 


When came in 
State 


Profession 


Geo. Millan 


24 
27 

1 

9 
13 
27 
24 

2 
51 

9 

22 
33 
12 

9 

8 
56 
21 

4 
31 
30 
24 
41 
49 
76 
17 
18 
36 
12 
16 

9 

7 

5 

21 mos 
50 
56 
35 
18 
16 
30 
31 
21 
15 

9 
10 
50 


Savannah 






Mary Miller 


S.Car 


while infant 




James Miller 


Geo 




Maria Bush 


do 






George Bush 


do 




planting 
farming 


S.Car 


three yrs since 

do 


Kesia Kelly '.. 


do 


Kelly .• 


Geo 






Scaly Kelly. 


Va 


three yrs since 

...do. 


midwifery 


Gilbert Madison 


S.Car 


Jessie Kelly 


do 


...do 


farmer 


Betsy Kelly 


do. 


13 years since 

when infant 

...do 


planting 
spinster 


Nancy Kelly. .. 


do. 


William Kelly 


do 




Sallie Kelly 


Georgia 






Leah 


do.. 




housewifery 
do 


Coleman 


S.Car 


3 years since 


Betsy Coleman 


Geo 




Nero Hancock _ 


Ga 




farmer 


Nancy Hancock 

Charles Nunes 

Alex'r Nunes 


S.Car.. 




Housewifery 
farmer 
do 


do... 

Geo 


when an infant 


Francis Gaulphin . . . 


do 




housewifery 
do 


Rose Nunes. 


do 




Robert Nunes 


do. 




farmer 


Jeanette 


do 




seamstress 


Judith 


do. 




seamstress 




.... do... 






Ann 


do... 








.. do... 






Henrietta 


do. 








do . 






David 


do 








do. 




carpenter 
spinster 




Va 


30 yrs since 




Geo 


Elisha 


do .. 




do 




do 




spinster 




.do 




Mary Scott 


S.Car 

do 


16 years since 

16 yrs since 


planter 








Geo 






.do 








do 






Dick Ellerbee 


Va 


30 yrs since 











Extract from book of Registry, 



John Carpenter, Clerk, 



GEORGIA LOCAL ARCHIVES. 591 

[Augusta Chron. April 18, 1820] 
Free persons of color registered in Clerk's office, Columbia County, Ga. 



Name 


Place of Nativity 


Age 


Trade 


E. Day 


N. Car 


43 
51 
64 
'62 
13 
12 
10 

9 

8 

3 

6 mos 

4 

4 

2 








spinster 




...do 


Millie . 


Georgia 


spinster 

spinster 

do 


Mary Childer... 


do 




do.. 




do.. 


do 


Caty 


do 


do 




. do 


plowboy 




do 


Allen 


. do .- . 






....do 


spinster 




do 


William Sam uel 


do 




Martha 


do.. 




Bettie Lamar 


do 


49 

50 


baker 


Pil Grant 




carpenter 








do 


6 mos 

28 








spinster 







It happens that none of the registries of free persons of 
color in the archives of the counties embraced in this report 
were kept well enough to be suitable for printing. To illus- 
trate the nature and content of this class of documents, the 
preceding registers, for certain other counties in the years 
stated, are taken from the files of contemporary newspapers. 

4. The Records or the Town or Athens. 

In the year 1801 a committee of the trustees of the Univer- 
sity of Georgia selected a hilltop near the Cedar Shoals, on 
the Oconee River, as the site of the university which they 
were about to establish. The so-called university was put 
into operation in an unpretentious way during the course of 
that year, and a village at once began to grow up at the edge 
of the campus. In 1806 that village, named Athens, received 
a town charter from the State, giving it the privileges of 
self-government through an intendant and commissioners. 
The town developed a certain degree of commercial activity 
as years went on, but the town has always retained its dis- 
tinctive character as a college community, and the policy of 
the town government has always been strongly influenced by 
consideration of the presence of the student body. This is 
illustrated in the restrictions upon liquor selling. The 
Maysville (Ky.) Eagle of September, 1832, contains a jot- 
ting: 



592 AMERICAN HISTORICAL ASSOCIATION. 

The commissioners of Athens, Ga., have imposed a tax of $500 on 
every person retailing spirituous liquors in that town. 

The town, when it permitted barrooms at all, has been 
disposed to require high license, and in more recent times it 
was in the forefront of the dispensary movement. 

The following publications of its charters and ordinances 
have been issued by the town or city of Athens : 

Compilation of the Constitutional Provisions and Acts of the Legis- 
lature Incorporating the City of Athens, and Codification of the 
Ordinances of the City. By H. H. Carlton. Athens, 1881. 

Charter and Ordinances of the City of Athens. By Andrew J. 
Cobb and William A. Gilleland. Athens, 1892. 

Charter and Ordinances. By F. C. Shackelford and T. W. Reed. 
Athens, 1900. 

The town records are kept in the clerk's office in the city 
hall. The present building is well equipped with fireproof 
vaults, but until very recent years the records were kept in 
a wooden building. Though there is no record or tradi- 
tion of the city hall ever having been burned, there are no 
town records to be found of an earlier date than 1858 and 
very few dating earlier than the Reconstruction period. It 
is possible that the Federal raiders destroyed the records in 
1864 or 1865, or that the documents were hidden by the towns- 
people during Sherman's invasion and have never been 
restored to the archives room. The records as now extant 
show many signs of neglect, and it may be that at some 
period the custodian destroyed part of the archives as rub- 
bish. The town records at present are to be found in book- 
cases and packing boxes, partly in the official vault and 
partly in a cellar under the stairway, while of course the 
volumes of the current and very recent years are on the 
clerk's desk. Under the existing difficulties, the following 
is the best practicable list of the archives : 

Minutes of the council, 1860 to the present. 

The chief magistrate of the town was called the " intendant " 
prior to 1872 ; the " mayor " thereafter. 
Docket of cases before the intendant, 1858-1872. 
Docket of the mayor's court, 1872 to the present. 
Dockets of the police court, 1873 to the present. 
Record of licenses, 1858-1868. 
Record of fines, 1887-1890. 
Record of taxes collected, 1886, etc. 



GEORGIA LOCAL AECHIVES. 593 

Tax assessments and digests, 1867 and following years. 

Record of affidavits for liquor licenses, 1879-1891. 

Specific tax books, for 1892, etc. 

Tax ledger, 1891, etc. 

General ledger, 1873-1880. 

Town treasurer's accounts, 1866-18S0. 

Letter books, 1892, etc. 

Original documents. 

These are scattered in drawers and packing cases. Some of 
those for the year 1876 are pasted in scrapbooks. 

CTJKRENT VOLUMES IN THE CLERK'S OFFICE. 

Record of the gunpowder magazine, 1887 to the present. 

Record of vehicle licenses, 1895 to the present. 

License registers. 

Register of sewer fees. 

Sewer bond account cash book, 1900 to the present. 

Street-paving accounts, 1889 to the present. 

City cash books, 1899 to the present. 

Town treasurer's cash book, 1890 to the present. 

General tax digests, yearly for several recent years. 

Real estate assessment book, 1896 to the present. 

Record of tax executions, 1882 to the present. (White and colored 

persons recorded separately. ) 
Receipt book, classified accounts, 1903 to the present. 
Record of disbursements, classified, 3903 to the present. 
Record of dispensary sales, daily, 1903 to the present. 

The text of a few of the ordinances of the town in the ante- 
bellum period may be recovered from the files of the local 
newspapers. The following, which have been gleaned in 
that way, will illustrate some of the features of the town's 
legislation and general policy : 

[Athens Gazette, February 1, 1816.] 

AN ORDINANCE for the better regulation of the town of Athens so far as 
relates to the assemblage of negroes, and to restrain all persons within the 
limits of the Corporation from giving or selling to negroes any spiritous 
liquors on any pretence whatever without a permit in writing from their 
master owner or employer, and regulating all kinds of traffic with slaves 
or people of color. 

Be it enacted by the commissioners of the town of Athens, and it is 
hereby enacted by the authority of the same, that from and after the 
twelfth day of February next, if any person or persons in or at any 
place within the town of Athens, or at any place within the jurisdic- 
tional limits of the corporation, shall give or sell to any negro or ne- 
groes, either male or female, any quantity of spiritous liquors without 
a permit in writing from his or her master, overseer, or employer, the 

H. Doc. 429, 58-3 38 



594 AMEKICAN HISTORICAL ASSOCIATION. 

person or persons so giving or selling any such spiritous liquors to 
such slave or slaves, shall forfeit and pay to the corporation the sum 
of five dollars for the first offence, and the sum of ten dollars for each 
and every offence of the same kind, provided that no master, owner, 
overseer or employer shall be restricted from giving to their own 
slaves whatever spiritous liquors they may flunk proper for their 
own use and for no other purpose. 

Be it further ordained — that when any citizen within the corporate 
limits of the town shall offend against the aforesaid section, it shall 
be lawful for the town constable upon his own knowledge or upon 
the information of auy other credible free white person to give in- 
formation to the Chairman of the Board or in his absence to any of 
the members thereof, of the offence, and the day and date on which 
such offence or offences was or were committed and upon such in- 
formation being received by the chairman, or in his absence, by any 
member of the Board, he shall issue his summons, directed to the 
town constable, commanding him to cite the person or persons so 
charged to appear within three days before the Board to answer the 
charge or charges exhibited against him or them ; and upon convic- 
tion (on oath) the fines hereinbefore recited shall be recovered by the 
town constable in virtue of an execution to be issued by the chairman 
of the Board in pursuance of such conviction to be levied on the 
goods and chattels of the offender or offenders; and after ten days 
advertisement at the chapel door and one other public place in Athens, 
the same shall be sold at the market house in said town to satisfy the 
conviction and judgment with cost; one third of the fine or fines so 
imposed and collected to be paid to the town constable and the other 
two thirds to be placed in the hands of the Clerk. of the Board, and 
to be applied to such purposes of the corporation as a majority of 
the commissioners may think expedient and proper. 

Be it further enacted — That whenever five or more slaves or people 
of color are seen by the town constable, assembled in the streets of 
Athens, in the stores or piazzas of any store house in town, or at any 
other place within the corporation, except within the Lot, Yard or 
premises, of their master, owner, overseer, or employer, it shall be 
lawful for the town constable on his own view, or information of any 
one of the Board of commissiouers, or other credible free white per- 
son, to order such slaves or people of color to disperse, and upon their 
refusing so to do, or assembling themselves at any other place in -said 
town or corporation, then to take such slaves or people of color into 
custody and chastise them at his discretion not exceeding ten lashes 
for every time they may be so assembled, or refuse to disperse when 
commanded, and for the chastisement of each slave or person of color 
so offending as aforesaid the town constable shall be entitled to re- 
ceive the sum of twenty-five cents out of the funds of the corpora- 
tion, upon an official return made by the said town constable, that 
such slave or slaves or people of color was or were charged for viola- 
ting this section of the ordinance. 



GEOKGIA LOCAL ARCHIVES. 595 

Be it further ordained by the authority aforesaid — That no slave 
or person of color shall from and after the first day of March next, 
be permitted to sell any article of produce, or stuff of any descrip- 
tion whatever within the corporate limits of the town, without a 
permit in writing from his master, owner, overseer, guardian or em- 
ployer, specifying the article or articles which she, he or they may 
offer for sale, and if in violation of this clause of the ordinance any 
free white person shall purchase or cause to be purchased without 
such permission he, she, or they, shall, for every offence pay the sum 
of five dollars, to be received and collected in the manner hereinbefore 
described for the collection of fines, and applied in the same manner ; 
and if any person of color shall offend against this ordinance, he, she 
or they shall pay the same fine as a white person is made subject to 
and if unable to pay the same, he, she, or they shall receive on their 
bare backs, not exceeding ten lashes, to be inflicted at the market 
house by the town constable, for which the said constable shall receive 
twenty-five cents. 

In town meeting, read and passed 27th January, 1816. 

T. F. Caknes, Chairman, 

Attest : 

A. S. Clayton, Clerk. 



[Southern Banner, Athens, Ga., April 3, 1840.] 

AN ORDINANCE, To prevent Wagoners from Encamping in the Streets. 

Be it ordained by the Commissioners of the town of Athens, and it 
is hereby ordained by authority of the same, That it shall be unlawful 
for any Wagoner to encamp in the Streets, or on any private lot 
(except by consent of the owner) in the Town of Athens ; and in case 
of such encampment, it shall be the duty of the Marshal to remove the 
said person or persons ; and in case of refusal, each and every person 
so offending shall forfeit and pay the sum of Five Dollars, for each 
night of such encampment, to be collected immediately by the said 
Marshal. 



AN ORDINANCE regulating the taxes. 

Be it ordained by the Commissioners, That the Marshal be in- 
structed to call upon the citizens of Athens, between the 1st of March, 
and 1st of May, for the purpose of collecting the taxes for the year 
1840, which shall be assessed in the following manner : 

1. On each and every male white citizen between the ages of 21 and 
60 years, $1.00. 

2. On all free persons of color, $1.00. 

3. All slaves over the age of 8 years, on every hundred dollars 
worth, 12£ cents. 



AUG 9 1905 



596 AMERICAN HISTORICAL ASSOCIATION. 

4. Town lots, houses, etc., on each hundred dollars worth, 12£ 
cents. 

5. Stock in trade, on each hundred dollars worth 12^ Cts. 

G. On each hundred dollars worth stock in trade brought into town, 
after the first of May, by persons who have not previously given in 
their tax 10 Cts. 

7. On all goods brought into the town of Athens to be sold at Auc- 
tion, on each hundred dollars worth, $1.00. 

8. On all Carriages, Gigs, Buggies, Barouches, Sulkies, Tilburies, 
and other pleasure Carriages, for each hundred dollars worth 12£ Cts. 

9. On Caravans of Wild Animals, Wax Figures, Circusses, Theatrical 
Exhibitions, Puppet Shows, Legerdemain Rope Dancing, and on all 
public exhibitions for money, except lectures on literary and scientific 
subjects, each per day, $10.00. 

10. On Retailers of spirituous liquors, $20.00. 

11. On Billiard Tables $50.00. 

All persons giving in property to the Marshal are required to do so 
in reference to the largest amount in actual possession, between the 
1st of January and the 1st of May, and which property is designed to 
be used by the owner within the corporate limits of the town. 



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